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Web Ink Design – Terms and Conditions

 

Please read through our Terms and Conditions, we ask that you do not use our website or service until you have familiarised yourself with them. If you are using or have used our service it is understood that you have agreed to the terms set forth on this page. When we say “We” “Web Ink Design”, “US” and “our service” we are referring to Web Ink Design and its respective products and services. References to “you” “your” “customer”  “client” and the like, refer to you, and your agents. These Terms and Conditions can change at any time. It is important that you check back here regularly. Your continued use of this website implies acceptance of any subsequent revisions.

 

Our Billing Procedure
You will be billed once a month when using our service. We bill on the first of the month for that month's monthly subscription fee. You will be billed retrospectively for any additional services that you use during a given month. Your first month will be billed on a pro-rata basis dependent on the number of days left in the month.  Where you accept one of our packages without a monthly subscription (paid in the initial up front payment), then no payment is required.

 

Design Deposit
We take a 33% deposit of a website package upon submission of a design brief. This is required as a Direct Debit into our nominated account prior to our Design Team beginning work on your website.

Our Design Team will then present you with a design concept for your new website. We will work with you in the form of rounds of changes (depending on your package) to ensure you are happy with your website design. Once you have given us approval of your website design, we will charge you a second fee of 33% for your website package. Once this fee has been charged our money-back guarantee no longer applies and any further requests for design changes will incur our hourly fee of $60 inc GST.

Money back Guarantee
We offer a money-back guarantee on the 33% design deposit taken on each website package. However, the following conditions apply:

1. The guarantee only relates to the website design that we offer you.

2. If you are not satisfied with the website design you must allow our design team the number of rounds of changes relating to your package to rectify your design proposal. This will be based on the changes that you clearly provide to Web Ink Design in written form.

3. The guarantee is not payable for other causes, including, but not limited to; changes in your circumstances, changes in functionality requirements from when you submitted your website brief, change of website developer and other, non-design related matters.

4. Once you approve the design concept for your website, the money-back-guarantee no longer applies.

Activation
Once you have approved your design concept and we will automatically charge a second 33% installment via the same payment method as you paid the deposit. We will then upload your design into our system. At this time we will require your content to be provided to us, for it to be uploaded onto your website. The number of pages of content to be uploaded will depend on your website package. If you have not supplied us with completed content within 7 days of approving your design, we will upload 'dummy' content into your website. If however, you have supplied us with your content it will be uploaded onto your website.

Grace Period
You have 7 days from when we upload your site to the internet before we automatically charge the final 34% of your package price. This will be charged automatically via the same method as your deposit. If you ask to activate (have your website on its domain name) during this 7 day period we will charge you the final 34% of your package price at that time.

 

12 Month Obligation
If you purchase a Entry Level or Mainstream website package, your website must remain active and you a full-paying customer of Web Ink Design for 12 months.

 

Payment in Advance
You are billed for the month in advance. If you cancel your service, you will not be billed again. However, you will not be eligible for a refund or partial refund for the previous payment, regardless of how much of the current month you have used.

 

 

Our Refund Policy
If you are not happy with your website then you can cancel your service immediately. From the time you receive your cancellation confirmation you will no longer be billed by Web Ink Design. No retrospective cancellation is possible. You are billed monthly, for the month in advance for your monthly subscription. No refunds or partial refunds are available for unused portions of the month.

 

The Images On Your Websites
If we use stock imagery on your website you do not own these images, ownership is retained by the image rights owner.  Such images can therefore not be used or re-used for any other purpose and can only be used as they were placed onto your website by us. Any editing of the dimensions in which they appear may contravene their usage rights. Do not copy the images and use them in other promotional materials. If you are looking to own the images on your website or use them for another purpose then please contact us and we will endeavour to put you in contact with the image rights owner.

 

This of course, does not apply to images that you own and provide to us for use on your website.

 

Our Intellectual Property
The system that runs your website remains the property of Web Ink Design at all times. The coding, programming and intellectual property that creates your website is owned by Web Ink Design. In purchasing a website package with us you own the style, design and graphic design of the website. You also own all of the content that you place onto your website. The content, style and design on your website will be made available to you if you elect to leave Web Ink Design.

 

Website Content
Websites from Web Ink Design can not be used to disseminate, communicate, store or transmit:

· content sexually-explicit in nature;

· information that contains virus’, worms or malicious elements;

· Copyright infringing data;

· trade secret protected data;

· data that infringes on any intellectual property, publicity rights or privacy rights;

· is defamatory, harassing or threatening;

· relates to illegal business operations or schemes;

· contains deliberately misleading, incomplete or deceptive content; or

· is deemed inappropriate by Web Ink Design

Support
Web Ink Design provides a telephone helpdesk during business hours 9am -5.30pm (EST) and an email support service on info@webinkdesign.com.au

Included in your monthly fee:

· Help using mission control (understanding what you can do and where you do it)

· Help using SmarterMail (and one time support for email setup)

· Help configuring and transferring Domain Names

· Billing enquiries

· Bug reports and fixes of our mission control functionality

The following attracts our support fee of $60 inc GST in 15 minute increments

· Support from staff other than our helpdesk staff (e.g General Manager or Designer)

· Face to face support

· Content changes

· Design changes

· HTML/CSS/Coding training, support or troubleshooting

· All application training and support (i.e. Photoshop, flash etc)

· All customer computer hardware issues that we can help with, this is outside of our expertise so is not a guaranteed service

· Time spent investigating a reported issue for which TWS is not responsible

Service Level Agreement

· All support issues requiring less than 2 hours work will be fixed within 24 hours of the support ticket being logged. If faster support is required then this will attract a surcharge of $60

· Support issues requiring more than 2 hours work will be given a fixed timeframe and will attract a surcharge of $60 if needed much faster than suggested

Your Privacy
Your privacy is important to us. We dislike SPAM as well. We will never sell, lease or distribute your contact details to any 3rd party. We will only reveal data pertaining to your account if compelled to do so by law.

 

Use Of Our Email Facility
If you choose to use our email newsletter facility you must abide by the relevant electronic messaging laws of all relevant jurisdictions. Do not use the email facility for the purpose of spam. Only send emails to addresses that have requested to receive information from you. We will not be responsible for the emails and any electronic correspondence sent from our system by you. We will fully co-operate with relevant legal authorities requiring information about the efforts of spammers.

 

Fair Use Policy
We employ a fair use policy to our websites. If we believe, for any reason, that you are not behaving in a manner expected of a Web Ink Design customer then we reserve the right to terminate your account – effective immediately.

 

Our Website
You may display our website on an internet access device, and occasionally, and only in circumstances that constitute "fair use" under applicable copyright law, print copies of insubstantial portions of our website. You may not modify our website, or any portion of it, except with the express written consent of Web Ink Design.

 

Accessibility
We make efforts to ensure that our website and all of our services are online 24x7 every day of the year. However, this will not always be the case. There are times when our website will be down, sometimes for things that we can’t control and others that we can. When our service is offline we will do our best to get it online as soon as possible We will not be held responsible for damage, events or losses directly or indirectly related to our website being offline.

 

Online
We endeavour to provide at least 99% uptime on all of our hosting. If in a given month, we do not reach this target, we will not offer compensation. We offer hosting for free (included in the price of our service) and do our best to keep our sites online but can not be held responsible when websites are offline.

 

Liability
We will not be held liable for any action or inaction relating to our service. We offer a unique service at highly competitive rates. We believe that our system is highly secure from the actions of hackers, viruses and other problems on the internet but can make no guarantees. It is up to you to back-up and ensure the integrity of your data offline. If your website is offline then please contact us and we will try to fix the problem as soon as possible. We will not be liable for loss of sales, leads or reputation from using our service.

 

Jurisdiction
This website is governed by the laws of the state of Queensland, Australia. Any dispute arising from the use of this website will be settled in this jurisdiction.